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Drugs - Supply & Trafficking

Drugs – Supply and Trafficking

Section 25 of the Drug Misuse and Trafficking Act says a person can be charged with deemed supply if it can be established there was an intention to sell the drugs, or if the amount is large—even though the drugs weren’t actually sold. Unless the charged person can prove otherwise, these factors are considered by the court to be outside the scope of personal use.

Supply can mean any of the following:

  • selling or distributing drugs
  • delivering drugs to another person
  • receiving drugs and being complicit in the supplying or storing of drugs for future circulation.

Table 1 shows how the court defines the quantities of prohibited drugs:

Table 1: Quantities

Drug Small quantity Deemed trafficable quantity Indictable quantity Commercial quantity Large quantity
amphetamine, cocaine, heroin 1g 3g 5g 250g 1kg
cannabis plant 5g 300g 1kg 25kg 100kg
cannabis leaf 30g 300g 1kg 25kg 100kg
cannabis resin 5g 30g 90g 2.5kg 10kg
Ecstasy (one pill=approx. 0.25g) 0.25g 0.75g 1.25g 125g 0.5kg
LSD (DDU=discrete dosage unit) 4 DDU 15DDU 25 DDU 0.5g 2g

Table 2 shows the penalties that apply according to the drug type and quantity:

Table 2: Penalties

Quantity Drug Penalty
small Various maximum 2 years imprisonment and/or $5,500 fine
up to an indictable or deemed trafficable quantity Various maximum 2 years imprisonment and/or $11,000 fine
less than a commercial or indictable quantity cannabis leaf or plant maximum 10 years imprisonment and/or $22,000 fine
commercial quantity cannabis leaf or plant maximum 15 years imprisonment and/or $385,000 fine
large commercial quantity cannabis leaf or plant maximum 20 years imprisonment and/or $550,000
less than a commercial or indictable quantity other than cannabis leaf or plant 15 years imprisonment and/or $220,000 fine
commercial quantity other than cannabis leaf or plant maximum 20 years imprisonment and $385,000 fine
large commercial quantity other than cannabis leaf or plant maximum life imprisonment and/or $550,000 fine

Contact our Criminal Law team for the best results.

*The material provided in our information sheets is for general knowledge only and is not a substitute for independent legal advice. For further information about the issues affecting you, please contact one of our experienced and professional lawyers for expert advice.

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